Legal Opinion · Dissent

In re C. P.

District of Columbia Court of Appeals

Decided February 15, 1980No. 12823Published

1DissentFerren, Associate Judge

The majority today holds that when a juvenile in police custody is advised of his Miranda1 rights and, after consultation with his mother, requests a lawyer and says he “doesn’t want to talk,” the police constitutionally may ignore his response, urge his mother minutes later to “get him to tell what happened,” read the boy his rights once again, listen to him confess the crime as his mother repeatedly implores him “to tell the man the truth” — and then introduce that confession at trial. I dissent because I believe that C.P., under these circumstances, cannot be held to have waived his Fifth…

2Cases cited32 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Massiah v. United StatesSupreme Court of the United States · 1964
  4. Brewer v. WilliamsSupreme Court of the United States · 1977
  5. Michigan v. MosleySupreme Court of the United States · 1975

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